Report on Media in Morocco - Arab Center for the Rule of Law and ...

public prosecution (the Ministry of Justice) and six others were direct complaints filed
by individuals to the president of the court. Moreover, 16 cases were filed by
individuals in the form of complaints to the public prosecution. Of the total number of
the said cases, three saw imprisonment sentences with stay of execution and a fine;
and five others saw the imposition of fines. The public prosecution reserved two
complaints, and thus, 18 cases remain under investigation before the judicial police 80 .
During 2004, the number of journalists against whom charges were pressed was 33,
accused of 29 felonies, 24 of which were related to slander and libel. The remaining
cases were related to forgery, insulting an employee while he performed his duties
and publishing of erroneous information 81 .
During 2003, the media witnessed around 40 cases of felonies, against 49 journalists,
99% of which were related to slander and libel, and the rest to violations of nonpublication
of the right to respond, fraud and forgery 82 .
What is interesting about the said trials is not their number but the way the courts
dealt with them. In more than one case, whether those related to public affairs (sacred
things) or those related to slander and libel, the credibility and the integrity of the
judiciary remained in the dock. Lawyers of some newspapers withdrew from the trial
sessions, protesting about the proceedings thereof 83 . Journalists and the National Press
Union protested against the proceedings of the said trials. No ruling was rendered in
favor of the press in any of the cases to which the latter was party. Even in the case of
"Wojhat Nazar" (Point of View) magazine, which was the only exception, as
previously mentioned, the judgment was not completely fair, for the compensation
amount awarded to it was not equal to the volume of loss it incurred 84 . The opinion
poll confirmed these facts: 52% of those polled considered that the journalists were
subject to arbitrary criminal legal action.
Courts and judges alike are subject to the authority of the Minister of Justice. The
latter heads the public prosecution that triggers lawsuits. He also presides, on behalf
of the King, over the Higher Judicial Council, which runs everything relating to the
social status of judges. Hence, their independence and integrity are the most
controversial in these trials.
There are other provisions that render the judicial apparatus subject to the government
authorities, mainly those that "entitle the Minister of Justice to arrest the judge, as he
may deem suitable before referring him to the disciplinary council and the Higher
Judicial Council" 85 , and entitle him to prepare the judges' promotion list and,
pursuant to Article 48 of the Law of Criminal Procedure, to issue orders to the public
prosecution to initiate criminal proceedings and give the latter orders and directives to
file before the courts or the competent court any requests that it deems appropriate.
1-5-4 Physical and Economic Protection
80 Statement of the Minister of Justice to the daily "al-Sabah" (Morning) on January 6, 2006.
81 <strong>Report</strong> of the Ministry of Communications of 2004 on press.
82 Same reference.
83 During the trial of "Le Journal" in the case of the European Information Center's report on the
Polissario Front, the lawyers of the Center withdrew due to the non-response of the Court of First
Instance to the witnesses who were summoned.
84 According to the interview with Abdel-Latif Hosni, the magazine's director, with "al-Saheefa" in
Issue No.29 of April 7, 2006.
85 Abdel-Rahman Bin Amro: "Media and Judicial Authority in Morocco", proceedings of the
international debate on "Media and Reality", Rabat on March 1, 2, 3, 2002, p.42.